| ANGOLA Republic of Angola Republica de Angola Joined United Nations: 1 December 1976 Human Rights as assured by their constitution Updated 22 January 2013 |
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TITLE II
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER I
GENERAL PRINCIPLES
Article 22. º
Constitution of the Republic of Angola (final draft - January 13, 2010)
(Principle of universality)
1. All enjoy the rights, freedoms and guarantees constitutionally established and subject to the duties set forth in the Constitution and
law.
2. Angolan citizens residing or located abroad shall enjoy rights, freedoms and guarantees and the protection of the state and are subject
duties enshrined in the Constitution and the law.
3. Everyone has duties to the family, society and the state and other institutions are legally recognized and, in particular the duty to:
a) Respect the rights, liberties and property of others, moral, morality and the common good;
b) respect and consider his fellow beings without discrimination of species and some maintain relations aimed at promoting, safeguarding
and strengthen the respect and mutual tolerance. (Projects A, B and C - approved by consensus)
Article. 23
(Principle of equality)
1. All are equal before the Constitution and the law.
2. No one can be harmed, privileged, deprived of any right or exempted from any duty because of their ancestry, sex, race, ethnicity,
color, disability, language, place of birth, religion, political beliefs, ideological or philosophical beliefs, education, economic or social
condition or profession. (Projects A, B and C and public consultation - approved by consensus)
Article. 24
(Majority)
The majority is gained at 18 years of age. (Projects A, B and C - approved by consensus)
Article 25.
(Foreigners and stateless persons)
1. Foreigners and stateless persons shall enjoy the rights, freedoms and guarantees fundamental, as well as protection of the state.
2. Foreigners and stateless persons are forbidden:
a) The ownership of the organs of sovereignty;
b) the voting rights under the law;
c) establishment or participation in political parties;
d) The rights of political participation, as provided by law;
e) Access to the diplomatic career;
f) Access to the armed forces, national police and intelligence agencies and security;
g) The office of the State's direct administration, in accordance with law;
h) Other rights and duties reserved exclusively for citizens Angolans by the Constitution and law.
3. Citizens of cultural or regional communities which Angola or adheres to, be assigned by international convention and conditions of
reciprocity, rights not granted to foreigners, unless the active and passive electoral capacity for access to ownership of bodies
sovereignty. (Projects A, B and C and public consultation - approved by consensus)
Article 26.
(Scope of fundamental rights)
1. The fundamental rights established in this Constitution shall not exclude any other set of laws and rules of law internationally.
2. The constitutional and legal provisions relating to fundamental rights shall be construed and interpreted in accordance with the
Declaration Universal Human Rights, the African Charter on Human Rights and Peoples' Rights and international treaties on the subject,
ratified by Republic of Angola.
3. In the assessment of disputes by Angolan courts on matters relating to fundamental rights, apply the international instruments listed in
preceding paragraph, even when not invoked by the parties. (Projects A, B and C - approved by consensus)
Article 27.
(System of rights, freedoms and guarantees)
The principles in this chapter shall apply to the rights, freedoms and guarantees and fundamental rights of a similar nature established in
Constitution, enshrined by law or international convention. (Projects B and C - approved by consensus)
Article 28.
Force (Legal)
1. The constitutional provisions relating to rights, freedoms and guarantees core are directly applicable and binding on all entities
public and private.
2. The State should adopt legislative and other measures the progressive realization and effective, according to the resources
available, of economic, social and cultural. (Projects A, B and C -approved by consensus)
Article. 29
(Access to law and effective judicial protection)
1. Everyone is guaranteed access to law and courts to defend their rights and interests protected by law and may not be justice
denied for insufficient economic means.
2. Everyone is entitled under the law, legal information and consultation, the legal representation and be accompanied by a lawyer
authority.
3. The law defines and ensures proper protection of secrecy.
4. Everyone is entitled to a cause that is the subject of intervening decision within a reasonable and fair trial.
5. To defend the rights, freedoms and guarantees, the law provides citizens with legal procedures are characterized by swiftness and
priority, to obtain effective protection and timely protection against threats or violations those rights. (Projects A, B and C - approved by
consensus)
CHAPTER II
RIGHTS, FREEDOMS AND GUARANTEES
SECTION I
RIGHTS AND FREEDOMS, INDIVIDUAL AND COLLECTIVE
Article 30. º
(Right to life)
The State respects and protects the life of the human person is inviolable. (Projects A, B and C - approved by consensus)
Article 31
(Right to personal integrity)
1. The moral integrity, intellectual and physical person is inviolable.
2. The State respects and protects the person and human dignity. (Projects A, B and
C - approved by consensus)
Constitution of the Republic of Angola (final draft - January 13, 2010)
Article 32
(Right to identity, privacy and intimacy)
1. Everyone is recognized as the rights to personal identity, civil capacity, nationality, the good name and reputation, image, word and
reservations of private life and family.
2. The law establishes effective safeguards against the collection and use abusive or contrary to human dignity, of information relating to
individuals and families. (B and C projects - approved by consensus)
Article 33.
(Inviolability of the home)
1. The home is inviolable.
2. No one can enter or search or seizure to the home of any person without their consent, unless the requirements in Constitution and the
law when provided with a warrant from a judicial authority issued in the cases and the manner provided by law or, in case of flagrante
delicto or emergency, to provide aid.
3. The law stipulates that cases can be ordered by a judicial authority competent entry, search and seizure of goods, documents or other
objects at home. (B and C projects - approved by consensus)
Article 34. º
(Inviolability of correspondence and communications)
1. It is inviolable secrecy of correspondence and other media private communications including postal, telegraphic, telephonic and
telematics.
2. Only by order of the competent judicial authority issued pursuant the law, is allowed to interference by public authority with
correspondence and in other media. (Projects A, B and C - approved by consensus)
Article 35.
(Family, marriage and filiation)
1. The family is the fundamental organization of society and is the subject of special protection by the State or merges into marriage, or in
union Indeed, between man and woman.
2. Everyone has the right to freely form a family under Constitution and the law.
3. The man and woman are equal within the family, society and state, enjoying the same rights and fitting them the same duties.
4. The law shall regulate the requirements and the effects of marriage and unmarried, and as its dissolution.
5. The children are equal before the law and shall not be discrimination and discriminatory use of any description on the membership.
6. The protection of child rights in particular, its comprehensive education and smooth, protecting their health, living conditions and
education, are absolute priority of family, state and society.
7. The State, in collaboration with the family and society, promote harmonious and integral development of youth and adolescents, as well
as creating conditions for the fulfillment of their political rights, economic, social and cultural rights and encourages youth organizations to
pursuit of economic ends, cultural, artistic, recreational, sports, environmental, scientific, educational, and patriotic youth exchange
internationally. (Projects A, B and C and public consultation - approved by consensus)
Article 36. º
(The right to physical freedom and personal security)
1. Every citizen has the right to physical freedom and personal safety.
2. Nobody can be deprived of liberty, except as provided by Constitution and the law.
3. The right to physical freedom and personal safety also involves:
a) The right not to be subjected to any form of violence by entities public or private;
b) The right not be tortured or treated or punished in a manner cruel, inhuman or degrading treatment;
c) The right to fully enjoy their physical and psychological integrity;
d) The right to security and control over their own bodies;
e) The right not to be subjected to medical or scientific experiments without prior, informed and reasoned. (Projects A, B and C -
approved by consensus)
Article 37.
(Title, requisition and expropriation)
1. 1. Everyone is guaranteed the right to private property, as well as its transmission, under the Constitution and the law.
2. The State respects and protects property rights and other people's real natural, legal and local communities, only being allowed to
temporary civil requisition and expropriation for public purposes by fair, prompt and adequate compensation, under the Constitution and
the law.
3. The payment of compensation referred to in the preceding paragraph is a condition Efficacy of expropriation. (B and C projects -
approved by consensus)
Article 38
(Right to free enterprise economy)
1. Private economic enterprise is free, being exercised with respect for Constitution and the law.
2. Everyone shall have the right to free enterprise and cooperative, exercise under the law.
3. The law shall promote, discipline and protect economic activity and investments by individuals or private corporations, domestic and
foreign, to ensure their contribution to the development of the country, advocating for economic emancipation and Technology of the
Angolans and the interests of workers. (Projects A, B and C - approved by consensus)
Article 39. º
(Environmental law)
1. Everyone has the right to live a healthy and unpolluted environment, and the duty to defend and preserve.
2. The State shall adopt the measures necessary to protect the environment and species of flora and fauna throughout the national
territory, the maintenance of ecological balance, the correct location of economic activity and rational exploitation and utilization of all
natural resources within the framework of sustainable development and respect for the rights of generations future and the preservation of
species.
3. The law punishes acts that endanger or undermine the preservation of environment. (B and C projects - approved by consensus)
Article 40. º
(Freedom of expression and information)
1. Everyone has the right to express, disseminate and share freely their thoughts, ideas and opinions through words, images or by
otherwise, as well as the right and freedom to inform, to inform and be informed without hindrance or discrimination.
2. The rights and freedoms contained in the preceding paragraph may not be prevented or restricted by any type or form of censorship.
3. Freedom of expression and information has as limits the rights of all to the good name, honor and reputation, image and privacy of
private life and family, child protection and youth State secrets, the secrecy, the secrecy and other guarantees of those rights, in terms
regulated by law.
4. Offences committed in the exercise of freedom of expression and information do incur the author in disciplinary, civil and
criminal under the law.
5. To all persons, natural or legal, are provided, in accordance with law and under conditions of equality and efficiency, the right of reply
and rectification and the right to compensation for damage. (Projects A, B and C
- Approved by consensus)
Article 41. º
(Freedom of conscience, religion and worship)
1. The freedom of conscience, religious belief and worship is inviolable.
2. Nobody can be deprived of their rights, persecuted or free obligations due to religious belief or philosophical belief or policy.
3. It is guaranteed the right to conscientious objection under the law.
4. Nobody can be questioned by any authority about their beliefs or religious practices, except for statistical data collection not
individually identifiable. (Projects A, B and C and public consultation - approved by consensus)
Article 42. º
(Copyright)
1. It is free expression of intellectual activity, artistic, political, scientific and communication, regardless of censorship or license.
2. Belongs to authors the exclusive right to use, publish or reproduction of their works, transmissible to heirs at the time the law
fix.
3. Are ensured, in accordance with law:
a) The protection of individual participation in collective works and reproduction of human voice and image, including the activities
cultural, educational, political and sports;
b) the right to review the economic exploitation of the works creating or participating as creators, performers, and to respective unions
and associations.
4. The law provides authors of industrial inventions, patents and technological processes, the temporary privilege for their use and as the
protection of industrial creations, ownership of trademarks, company names and other distinctive signs, bearing in mind the interest
social and technological and economic development of the country. (Project A and public consultation - approved by consensus)
Article 43. º
(Freedom of cultural and scientific)
1. It is free to create intellectual, artistic, scientific and technological research.
2. The freedom referred to in the preceding paragraph includes the right to invention, production and dissemination of scientific, literary
or artistic including the legal protection of copyright. (Project A and consultation public - approved by consensus)
Article 44. º
(Freedom Press)
1. It guaranteed freedom of the press, the latter not being subject to any censorship, especially political, ideological or artistic.
2. The State shall guarantee the pluralism of expression, requiring the difference diversity of ownership and editorial media.
3. The State ensures the existence and functioning independently and qualitatively competitive with a public service radio and television.
4. The law establishes the forms of freedom of the press. (Merger of Projects A, B and C - approved by consensus)
Article 45.
(Right to broadcasting time, of reply and of politics)
1. In periods of general elections and local elections and referenda, the competitors have the right to broadcasting time on radio stations
and television public in accordance with the scope of the election or referendum under Constitution and the law.
2. Political parties represented in the National Assembly are entitled to reply and of political statements to the executive under regulated by
law. (B and C projects - approved by consensus)
Article 46.
(Freedom of residence, movement and emigration)
1. Any citizen who resides legally in Angola can freely set residence, move and reside anywhere in the territory national, except as
provided in the Constitution and the law when determine restrictions, in particular the access and retention for the environmental
protection or vital national interests.
2. Every citizen is free to emigrate and leave the national territory and that he return, subject to the limitations of complying with legal
duties. (B and C projects - approved by consensus)
Article 47. º
(Freedom of assembly and demonstration)
1. It is guaranteed to all citizens, freedom of assembly and demonstration peacefully and without weapons, without any authorization and
under the law.
2. The meetings and demonstrations in public places require prior communication to the competent authority under and for the purposes
established by law. (B and C projects - approved by consensus)
Article 48. º
(Freedom of Association)
1. Citizens have the right to freely and without any administrative authorization, form associations, provided they are organize based on
democratic principles, in accordance with law.
2. The associations freely pursue their ends without interference from public authorities and can not be dissolved or suspended their
activities, except in cases provided by law
3. No one can be compelled to belong to an association or compelled by any means to stay there.
4. Are prohibited and any associations or groups whose aims activities are contrary to the constitutional order, incite and practice
violence, promoting tribalism, racism, dictatorship, fascism, and xenophobia, as well as associations of a military, paramilitary or
militarized. (Merger of projects A, B and C - approved by consensus)
Article 49. º
(Freedom of association and corporate)
1. It is guaranteed to all professionals or independent and generally all employed persons, freedom of association professional to defend
their rights and interests and to regulate discipline of professional conduct for each profession.
2. The associations of independent professionals or governed by principles of democratic organization and functioning and independence
in relation to the State under the law.
3. Ethical standards of professional associations can not counteract the constitutional order, the fundamental human rights and law. (B
and C projects - approved by consensus)
Article 50. º
(Freedom of Association)
1. It is recognized workers the freedom to create associations union to defend their individual and collective interests.
2. It is granted to trade unions the right to defend the rights and workers' interests and to exercise the right to collective agreement, the
This should take into account the fundamental human rights and communities and the actual capacity of the economy, according to law.
3. The Law regulates the establishment, membership, association, organization, and extinction of Trade unions and ensures their
autonomy and independence of patronage and the state. (B and C projects and public consultation - approved by consensus)
Article 51. º
(Right to strike and prohibition of lock-out)
1. Workers have the right to strike.
2. It is forbidden to lock out, the employer may not cause total paralysis or part of the company, the prohibition of access to workplaces
by workers or similar situations as a means of influencing the outcome of or socio-economic conflicts professionals.
3. The law regulates the lock out and the right to strike and establish its limitations on services and activities considered essential and
urgent order to attend to meet essential social needs. (B and Projects C and public consultation - approved by consensus)
Article 52.
(Participation in public life)
1. Every citizen has the right to participate in political life and the direction of public affairs, directly or through representatives freely elect
and to be informed about the acts of the state and management of public affairs, under the Constitution and the law.
2. Every citizen has a duty to honor and respect the laws and obey the orders given by legitimate authority under the Constitution and the
law respect for rights, freedoms and guarantees. (Project C and public consultation - approved by consensus)
Article 53.
(Access for office)
1. All citizens have the right to access, on equal terms and freedom, to public office under the Constitution and the law.
2. Nobody shall be prejudiced in their placement in your job, your professional career or social benefits to which they are entitled, by virtue
the exercise of political rights or the performance of public office, in Constitution and the law.
3. Access to elected positions in the law can only establish the ineligibility necessary to ensure freedom of choice of voters and the
exemption and independence of the respective offices. (Project A and consultation public - approved by consensus)
Article 54. º
(Right to vote)
1. Every citizen over eighteen years, has the right to vote and be elected to any elective body of the state and local government and
perform their position or office, under the Constitution and the law.
2. The passive electoral capacity can not be limited except by virtue of disability or ineligibility provided for in the Constitution.
3. The exercise of right to vote is not transferable and represents an civic duty. (Project C - approved by consensus)
Article 55
(Freedom of establishment of political associations and political parties)
1. It's free creation of political associations and political parties under Constitution and the law.
2. Every citizen has the right to participate in political associations and parties politicians, under the Constitution and the law. (B and C
Projects - approved by consensus)
SECTION II
GUARANTEE OF RIGHTS AND FREEDOMS
Article 56. º
(General State Guarantee)
1. The State recognizes as inviolable rights and fundamental freedoms enshrined in the Constitution and create the political, economic,
social, cultural, peace and stability to ensure its implementation and protection under the Constitution and the law.
2. All public authorities have a duty to respect and guarantee the free exercise rights and fundamental freedoms and the fulfillment of
constitutional and legal duties. (Project C - approved by consensus)
Article 57.
(Restriction of rights, freedoms and guarantees)
1. The law may restrict rights, freedoms and guarantees in cases expressly provided for in the Constitution, the restrictions should be
limited to necessary, proportionate and reasonable in a free and democratic society, to safeguard other constitutionally protected rights or
interests.
2. Laws restricting rights, freedoms and guarantees have to take nature general and abstract and can not have retroactive effect or reduce
the extent and the scope of the gist of the constitutional provisions. (Project C and public consultation - approved by consensus)
Article 58. º
(Limitation or suspension of rights, freedoms and guarantees)
1. The rights, freedoms and guarantees of citizens can only be limited or suspended, where a state of war, siege or state of emergency,
under the Constitution and the law.
2. The state of war, state of siege and states of emergency may be declared in all or part of the national territory, in cases of aggression
actual or imminent by a foreign force, or threat of serious disturbance the democratic constitutional order or public calamity.
3. The choice of a state of war, siege or state of emergency and as the declaration and enforcement must always be confined to those
actions necessary and appropriate to maintain public order, protection of interest, respect for the principle of proportionality and limited,
particular on its scope and duration and the means employed, the strictly necessary for the prompt restoration of normalcy constitutional.
4. The declaration of a state of war, a state of siege or state of emergency gives authorities powers to take the action necessary and
appropriate for the prompt restoration of constitutional normality.
5. In any case the declaration of a state of war, siege or state of emergency may affect:
a) The application of constitutional rules relating to jurisdiction and functioning of the organs of sovereignty;
b) The rights and immunities of members of state bodies;
c) The right to life, personal integrity and personal identity;
d) The civil capacity and citizenship;
e) The non-retroactivity of criminal law;
f) The right of defense of the accused;
g) Freedom of conscience and religion.
6. Special law regulating the state of war, state of siege and state of emergency. (C project and public consultation - approved by
consensus)
Article 59. º
(Prohibition of death penalty)
It prohibited the death penalty. (B and C projects - approved by consensus)
Article 60.
(Prohibition of torture and degrading treatment)
No one shall be subjected to torture, forced labor, or the treatment or cruel, inhuman or degrading treatment. (Projects A and C -
approved by consensus)
Article 61. º
(Hate crimes and violence)
They are inalienable and not subject to amnesty or parole, by application of enforcement measures in process:
a) The genocide and crimes against humanity contained in the criminal law international;
b) Crimes such as provided by law. (Project A and C and public consultation - approved by consensus)
Article 62. º
(Irreversibility of amnesties)
Are considered valid and irreversible the legal effects of acts of amnesty charged under applicable law. (Public Consultation - approved by
consensus)
Article 63.
(Rights of detainees and prisoners)
Every person deprived of liberty shall be informed at the time of his arrest or detention, their reasons and their rights, including the right to:
a) it appears to him the warrant of arrest or detention issued by authority responsible under the law;
b) Be informed about the place where you will be taken;
c) inform the family and the lawyer about his arrest or detention and on the location to be conducted;
d) Choose a lawyer or adviser you trust to accompany the police investigations and judicial proceedings;
e) Consult a lawyer before giving any statements;
f) Be silent and not testify or do so only in the presence of lawyer of his choice;
g) Do not make confessions or statements against himself;
h) be brought before the magistrate responsible for confirming or no, the prison and being tried or released within the legal deadlines;
i) communicate in language they understand or through an interpreter. (Project C - Approved by consensus)
Article 64. º
(Deprivation of liberty)
1. The deprivation of liberty is only permitted in cases and under determined by law.
2. The police can only detain or arrest in the cases provided for in the Constitution and by law, in flagrante delicto or when fitted with
warrant issued by competent authority. (Project C - approved by consensus)
Article 65. º
(Application of criminal law)
1. Criminal responsibility is personal and not transferable.
2. No one can be criminally convicted but under the previous law to declare punishable by action or omission, or undergo a security
measure whose assumptions are not fixed by existing law.
3. There may be sentences or security measures that are not expressly communicated by prior law.
4. No one may suffer a penalty or security measure more serious than those planned when the relevant conduct or verification of
underlying assumptions, applying retroactively to criminal laws more favorable to the defendant.
5. No one should be tried more than once for the same offense.
6. Citizens unjustly convicted have the right, under the conditions that the law prescribe, to review the sentence and compensation for
damage. (Merger of projects A and C - approved by consensus)
Article 66. º
(Limits on sentences and security measures)
1. No sentence or security measure that involves deprivation or restriction of freedom as a matter of life or an unlimited or indefinite term.
2. The convicts who are subjected to security measures involving deprivation of freedom, remain entitled to fundamental rights, unless the
limitations inherent to their convictions and from the requirements of implementation. (Project C - approved by consensus)
Article 67
(Guarantees in criminal proceedings)
1. Nobody can be detained, arrested or brought to trial, except in terms of the Act, which guaranteed to all defendants or prisoners the
right to defense, appeal and legal representation.
2. It is presumed innocent until the accused throughout the transit in judged of sentence condemnation.
3. The accused has the right to choose counsel or counsel and to be by him counsel at all stages of the proceedings, the law specifying
the cases and phases in which the assistance of a lawyer is mandatory.
4. Defendants and prisoners have the right to receive visits from his lawyer, family members, friends, religious and assistant with them if
match, subject to subparagraph e) of Article 63. And the provisions in paragraph 3 of Article 194. º.
5. Defendants or prisoners who are unable to instruct counsel on grounds of economic order should be protected under the law, adequate
legal assistance.
6. A convicted person has the right to appeal or ordinary extraordinary in the court decision rendered against him in criminal under the
law. (C project and public consultation - approved by consensus)
Article 68. º
(Habeas corpus)
1. Everyone is entitled to a writ of habeas corpus against the abuse of power, because of unlawful arrest or detention, to bring before the
court responsible.
2. The writ of habeas corpus may be made by himself or by any person in the exercise of their political rights.
3. Proper law governing the process of habeas corpus. (Project C - approved by consensus)
Article 69. º
(Habeas data)
1. Everyone has the right to seek a writ of habeas data to ensure knowledge of information about themselves contained in files, or files
computer records, to be informed about the purpose it was intended, and as to require correction or update thereof, pursuant to law and
safeguarding the state secret and secrecy.
2. It is forbidden to record and process the data on political, philosophical or ideological, religious faith, political party or association,
ethnic origin and the private lives of citizens for discriminatory purposes.
3. It is also forbidden access to personal data of third parties, and the transfer of personal data from one file to another belonging to
Miscellaneous service or institution, except in cases established by law or judicial decision.
4. Apply to habeas data, mutatis mutandis, the provisions of previous article. (B and C projects - approved by consensus)
Article 70. º
(Extradition and expulsion)
1. Not allowed to deportation or extradition of citizens of Angola national territory.
2. Not permitted the extradition of foreign citizens for political reasons or facts likely to sentence to death, and where that basis, the
assumption that the extradited person may become subject to torture, inhuman, cruel or causing irreversible damage to the physical
integrity under the law of the requesting State.
3. The Angolan courts know, under the law, the facts that are accused citizens whose extradition is not permitted under the preceding
paragraphs of this article.
4. Only by court order may be given to Belgian territory foreign citizens or stateless persons permitted to reside in that country or
have requested asylum.
5. The law shall regulate the requirements and conditions for extradition and expulsion of foreigners. (Projects A, B and C and public
consultation - approved by consensus)
Article 71. º
(Right of asylum)
1. It is guaranteed to any foreign citizen or stateless asylum in case of persecution for political reasons, including serious threat or
persecution on account of their activities on behalf of democracy, national independence, peace among peoples, freedom and rights of the
human person, in accordance with applicable laws and international instruments.
2. The law defines the status of political refugee. (Projects A, B and C - approved by consensus)
Article 72.
(Right to fair trial and as)
Every citizen shall have the right to a fair trial, and promptly according to law. (Project C - approved by consensus)
Article 73. º
(Right of petition, complaint, claim and complaint)
Everyone has the right to submit, individually or collectively, to bodies of sovereignty or any authority, petitions, complaints, or complaints
to defend their rights, the Constitution, laws or general interest, and well as well as the right to be informed within a reasonable time on
the outcome of their assessment. (Project C - approved by consensus)
Article 74. º
(Law of Popular Action)
Any citizen, individually or through associations of interest specific, has the right to legal proceedings in the cases and terms established
by law, seeking to annul acts detrimental to public health, public heritage, history and cultural, environmental and quality of life, consumer
protection, the legality of acts of administration and other collective interests. (Merger of A and C projects and public consultation -
approved by consensus)
Article 75.
(Liability of State and other public authorities)
1. The state and other public legal persons are jointly and severally civilly responsible for actions and omissions committed by its organs,
their holders, agents and employees in the exercise of legislative functions, judicial, administrative or because of them, resulting in
violation of rights, freedoms and guarantees or injury to the holder of these or others.
2. The authors of these acts or omissions are criminal and disciplinary responsible under the law. (Projects A, B and C and public
consultation - approved by consensus)
CHAPTER III
RIGHTS AND DUTIES ON ECONOMIC, SOCIAL AND CULTURAL
Article 76. º
(Right to work)
1. Work is a right and a duty for all.
2. Every worker is entitled to vocational training, fair pay, rest, holidays, protection, hygiene and safety at work under law.
3. To ensure the right to work, the State must promote:
a) The implementation of policies for full employment;
b) Equal opportunity in the choice of profession or type of and working conditions that is not prohibited or restricted by any
discrimination;
c) The academic and scientific and technological development as well as the professional development of employees.
4. It guaranteed to workers on job stability, are prohibited unfair dismissal, under the Constitution and the law.
(Projects A, B and C and public consultation - approved by consensus)
Article 77.
(Health and Social Protection)
1. The State promotes and guarantees the necessary measures to ensure everyone right to health care and sanitation, as well as the right to
assistance in childhood, maternity, disability, disability, old age and any incapacity for work.
2. To guarantee the right to medical and health care is on the State:
a) Develop and ensure the functionality of a health service in throughout the country;
b) Regulating the production, distribution, trading and use of products chemical, biological, pharmaceutical and other methods of
treatment and diagnosis;
c) Encourage the development of education and medical-surgical medical research and health.
3. The Private and cooperative initiatives in the fields of health, welfare and Social Security is supervised by the State and shall be
exercised in accordance by law. (B and C projects - approved by consensus)
Article 78. º
(Consumer Rights)
1. The consumer has the right to quality of goods and services, information, clarification of its security products and protection in respect
of consumption.
2. The consumer is entitled to be protected in the manufacture and supply of goods and services harmful to health and life, and should be
compensated for damage to it does cause.
3. The advertising of consumer goods and services is governed by law, as All forms of hidden advertising, indirect or misleading.
4. The law protects consumers and ensures the protection of his interests. (Project A and public consultation - approved by consensus)
Article. 79
(Right to education, culture and sport)
1. The State shall promote universal access to literacy, education, culture and sport, encouraging participation of various private agents in
their Gross, in accordance with law.
2. The State shall promote science and scientific and technological research.
3. The Private and cooperative initiatives in education, culture and sport, shall be exercised as provided by law. (Projects B and C -
approved by consensus)
Article 80.
(Children)
1. The child is entitled to special attention from family, society and state, which in close cooperation, will ensure broad protection against
all forms of neglect, discrimination, oppression, exploitation and misuse of authority in the family and in other institutions.
2. Public policies in the field of family, education and health should protect the principle of best interests of the child as a way of ensure
their full physical, psychological and cultural.
3. The State shall guarantee special protection to orphans, disabled, abandoned or in any way, deprived of a family normal.
4. The state governs the adoption of children by promoting their integration into healthy family environment and ensuring their full
development.
5. It is prohibited by law, the employment of children of school age. (Project A and public consultation - approved by consensus)
Article 81. º
(Youth)
1. Young people enjoy special protection so that their economic, social and cultural rights, including:
a) In education, vocational training and culture;
b) Access to a first job, work and social security;
c) To have access to housing;
d) Physical education and sport;
e) use of leisure time.
2. In order to complete the preceding paragraph, establishes its own law the basis for the development of youth policies.
3. The youth policy should have as its primary objectives the personality development of young people, creating conditions for their
effective integration into active life, the taste for originality and the sense of community service.
4. The State, in collaboration with families, schools, businesses, neighborhood organizations, associations and foundations for cultural
and the local culture and recreation, encourages and supports organizations youth in pursuit of those objectives as well as exchange
international youth. (Project A and public consultation - approved by consensus)
Article 82.
(Seniors)
1. The senior citizens have a right to economic security and conditions housing and family and community which respect their autonomy
staff and avoid and overcome the isolation and social marginalization.
2. The policy for the aged includes measures of economic, social and cultural nature designed to provide the elderly with opportunities
personal achievement through active participation in the life of community. (Projects A, B and C - approved by consensus)
Article 83.
(Citizens with Disabilities)
1. Citizens with disabilities enjoy full rights and are subject duties enshrined in the Constitution, subject to the restriction of exercise or
fulfillment of those for which they are disabled or limited.
2. The State shall adopt a national policy for prevention, treatment, rehabilitation integration of citizens with disabilities, support their
families and removing obstacles to their mobility.
3. The State also adopts policies aimed at developing a pedagogy to sensitize the society's duties to include, respect and solidarity with the
citizens with disabilities.
4. The State encourages and supports special education and vocational-technical training for citizens with disabilities. (Projects A, B and C
and public consultation - approved by consensus)
Article 84
(Former combatants and veterans of the Fatherland)
1. The combatants in the struggle for national independence, veterans of the Fatherland, those who acquired disability in military service or
paramilitary as well as relatives of the fallen or perished until the first degree of kinship, status and enjoy special protection
State and society under the Constitution and the law.
2. The State shall promote policies to ensure integration social, economic and cultural development of citizens referred to in the previous
paragraph and as protection, recovery and preservation of historic achievements in these protagonists. (Projects A, B and C and public
consultation - approved by consensus)
Article 85. º
(Right to housing and quality of life)
1. Every citizen has the right to adequate housing and quality of life decent.
2. The State must promote social and economic conditions for ensure the right to housing and quality of life. (Projects A, B and C
public consultation - approved by consensus)
Article 86. º
(Communities Abroad)
The State encourages the association of Angolans who are abroad and promotes its connection to the country as well as the economic,
social, cultural and of patriotism and solidarity with the Angolan communities around their roots or reveal any relation of origin, kinship,
culture and history with Angola. (B and C projects - approved by consensus)
Article 87. º
(Historical heritage, cultural and artistic)
1. Citizens and communities are entitled to respect, appreciation and preservation of its cultural, linguistic and artistic.
2. The State promotes and encourages the conservation and enhancement of the historical, cultural and artistic achievements of the
Angolan people. (B and C Projects - approved by consensus)
Article 88. º
(Duty of contribution)
Everyone has the duty to contribute to public expenditure and of society in according to their economic capacity and the benefits he
receives through taxes and fees, based on a fair tax system and under the law. (B and C projects - approved by consensus)
TITLE II
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER I
GENERAL PRINCIPLES
Article 22. º
Constitution of the Republic of Angola (final draft - January 13, 2010)
(Principle of universality)
1. All enjoy the rights, freedoms and guarantees constitutionally established and subject to the duties set forth in the Constitution and
law.
2. Angolan citizens residing or located abroad shall enjoy rights, freedoms and guarantees and the protection of the state and are subject
duties enshrined in the Constitution and the law.
3. Everyone has duties to the family, society and the state and other institutions are legally recognized and, in particular the duty to:
a) Respect the rights, liberties and property of others, moral, morality and the common good;
b) respect and consider his fellow beings without discrimination of species and some maintain relations aimed at promoting, safeguarding
and strengthen the respect and mutual tolerance. (Projects A, B and C - approved by consensus)
Article. 23
(Principle of equality)
1. All are equal before the Constitution and the law.
2. No one can be harmed, privileged, deprived of any right or exempted from any duty because of their ancestry, sex, race, ethnicity,
color, disability, language, place of birth, religion, political beliefs, ideological or philosophical beliefs, education, economic or social
condition or profession. (Projects A, B and C and public consultation - approved by consensus)
Article. 24
(Majority)
The majority is gained at 18 years of age. (Projects A, B and C - approved by consensus)
Article 25.
(Foreigners and stateless persons)
1. Foreigners and stateless persons shall enjoy the rights, freedoms and guarantees fundamental, as well as protection of the state.
2. Foreigners and stateless persons are forbidden:
a) The ownership of the organs of sovereignty;
b) the voting rights under the law;
c) establishment or participation in political parties;
d) The rights of political participation, as provided by law;
e) Access to the diplomatic career;
f) Access to the armed forces, national police and intelligence agencies and security;
g) The office of the State's direct administration, in accordance with law;
h) Other rights and duties reserved exclusively for citizens Angolans by the Constitution and law.
3. Citizens of cultural or regional communities which Angola or adheres to, be assigned by international convention and conditions of
reciprocity, rights not granted to foreigners, unless the active and passive electoral capacity for access to ownership of bodies
sovereignty. (Projects A, B and C and public consultation - approved by consensus)
Article 26.
(Scope of fundamental rights)
1. The fundamental rights established in this Constitution shall not exclude any other set of laws and rules of law internationally.
2. The constitutional and legal provisions relating to fundamental rights shall be construed and interpreted in accordance with the
Declaration Universal Human Rights, the African Charter on Human Rights and Peoples' Rights and international treaties on the subject,
ratified by Republic of Angola.
3. In the assessment of disputes by Angolan courts on matters relating to fundamental rights, apply the international instruments listed in
preceding paragraph, even when not invoked by the parties. (Projects A, B and C - approved by consensus)
Article 27.
(System of rights, freedoms and guarantees)
The principles in this chapter shall apply to the rights, freedoms and guarantees and fundamental rights of a similar nature established in
Constitution, enshrined by law or international convention. (Projects B and C - approved by consensus)
Article 28.
Force (Legal)
1. The constitutional provisions relating to rights, freedoms and guarantees core are directly applicable and binding on all entities
public and private.
2. The State should adopt legislative and other measures the progressive realization and effective, according to the resources
available, of economic, social and cultural. (Projects A, B and C -approved by consensus)
Article. 29
(Access to law and effective judicial protection)
1. Everyone is guaranteed access to law and courts to defend their rights and interests protected by law and may not be justice
denied for insufficient economic means.
2. Everyone is entitled under the law, legal information and consultation, the legal representation and be accompanied by a lawyer
authority.
3. The law defines and ensures proper protection of secrecy.
4. Everyone is entitled to a cause that is the subject of intervening decision within a reasonable and fair trial.
5. To defend the rights, freedoms and guarantees, the law provides citizens with legal procedures are characterized by swiftness and
priority, to obtain effective protection and timely protection against threats or violations those rights. (Projects A, B and C - approved by
consensus)
CHAPTER II
RIGHTS, FREEDOMS AND GUARANTEES
SECTION I
RIGHTS AND FREEDOMS, INDIVIDUAL AND COLLECTIVE
Article 30. º
(Right to life)
The State respects and protects the life of the human person is inviolable. (Projects A, B and C - approved by consensus)
Article 31
(Right to personal integrity)
1. The moral integrity, intellectual and physical person is inviolable.
2. The State respects and protects the person and human dignity. (Projects A, B and
C - approved by consensus)
Constitution of the Republic of Angola (final draft - January 13, 2010)
Article 32
(Right to identity, privacy and intimacy)
1. Everyone is recognized as the rights to personal identity, civil capacity, nationality, the good name and reputation, image, word and
reservations of private life and family.
2. The law establishes effective safeguards against the collection and use abusive or contrary to human dignity, of information relating to
individuals and families. (B and C projects - approved by consensus)
Article 33.
(Inviolability of the home)
1. The home is inviolable.
2. No one can enter or search or seizure to the home of any person without their consent, unless the requirements in Constitution and the
law when provided with a warrant from a judicial authority issued in the cases and the manner provided by law or, in case of flagrante
delicto or emergency, to provide aid.
3. The law stipulates that cases can be ordered by a judicial authority competent entry, search and seizure of goods, documents or other
objects at home. (B and C projects - approved by consensus)
Article 34. º
(Inviolability of correspondence and communications)
1. It is inviolable secrecy of correspondence and other media private communications including postal, telegraphic, telephonic and
telematics.
2. Only by order of the competent judicial authority issued pursuant the law, is allowed to interference by public authority with
correspondence and in other media. (Projects A, B and C - approved by consensus)
Article 35.
(Family, marriage and filiation)
1. The family is the fundamental organization of society and is the subject of special protection by the State or merges into marriage, or in
union Indeed, between man and woman.
2. Everyone has the right to freely form a family under Constitution and the law.
3. The man and woman are equal within the family, society and state, enjoying the same rights and fitting them the same duties.
4. The law shall regulate the requirements and the effects of marriage and unmarried, and as its dissolution.
5. The children are equal before the law and shall not be discrimination and discriminatory use of any description on the membership.
6. The protection of child rights in particular, its comprehensive education and smooth, protecting their health, living conditions and
education, are absolute priority of family, state and society.
7. The State, in collaboration with the family and society, promote harmonious and integral development of youth and adolescents, as well
as creating conditions for the fulfillment of their political rights, economic, social and cultural rights and encourages youth organizations to
pursuit of economic ends, cultural, artistic, recreational, sports, environmental, scientific, educational, and patriotic youth exchange
internationally. (Projects A, B and C and public consultation - approved by consensus)
Article 36. º
(The right to physical freedom and personal security)
1. Every citizen has the right to physical freedom and personal safety.
2. Nobody can be deprived of liberty, except as provided by Constitution and the law.
3. The right to physical freedom and personal safety also involves:
a) The right not to be subjected to any form of violence by entities public or private;
b) The right not be tortured or treated or punished in a manner cruel, inhuman or degrading treatment;
c) The right to fully enjoy their physical and psychological integrity;
d) The right to security and control over their own bodies;
e) The right not to be subjected to medical or scientific experiments without prior, informed and reasoned. (Projects A, B and C -
approved by consensus)
Article 37.
(Title, requisition and expropriation)
1. 1. Everyone is guaranteed the right to private property, as well as its transmission, under the Constitution and the law.
2. The State respects and protects property rights and other people's real natural, legal and local communities, only being allowed to
temporary civil requisition and expropriation for public purposes by fair, prompt and adequate compensation, under the Constitution and
the law.
3. The payment of compensation referred to in the preceding paragraph is a condition Efficacy of expropriation. (B and C projects -
approved by consensus)
Article 38
(Right to free enterprise economy)
1. Private economic enterprise is free, being exercised with respect for Constitution and the law.
2. Everyone shall have the right to free enterprise and cooperative, exercise under the law.
3. The law shall promote, discipline and protect economic activity and investments by individuals or private corporations, domestic and
foreign, to ensure their contribution to the development of the country, advocating for economic emancipation and Technology of the
Angolans and the interests of workers. (Projects A, B and C - approved by consensus)
Article 39. º
(Environmental law)
1. Everyone has the right to live a healthy and unpolluted environment, and the duty to defend and preserve.
2. The State shall adopt the measures necessary to protect the environment and species of flora and fauna throughout the national
territory, the maintenance of ecological balance, the correct location of economic activity and rational exploitation and utilization of all
natural resources within the framework of sustainable development and respect for the rights of generations future and the preservation of
species.
3. The law punishes acts that endanger or undermine the preservation of environment. (B and C projects - approved by consensus)
Article 40. º
(Freedom of expression and information)
1. Everyone has the right to express, disseminate and share freely their thoughts, ideas and opinions through words, images or by
otherwise, as well as the right and freedom to inform, to inform and be informed without hindrance or discrimination.
2. The rights and freedoms contained in the preceding paragraph may not be prevented or restricted by any type or form of censorship.
3. Freedom of expression and information has as limits the rights of all to the good name, honor and reputation, image and privacy of
private life and family, child protection and youth State secrets, the secrecy, the secrecy and other guarantees of those rights, in terms
regulated by law.
4. Offences committed in the exercise of freedom of expression and information do incur the author in disciplinary, civil and
criminal under the law.
5. To all persons, natural or legal, are provided, in accordance with law and under conditions of equality and efficiency, the right of reply
and rectification and the right to compensation for damage. (Projects A, B and C
- Approved by consensus)
Article 41. º
(Freedom of conscience, religion and worship)
1. The freedom of conscience, religious belief and worship is inviolable.
2. Nobody can be deprived of their rights, persecuted or free obligations due to religious belief or philosophical belief or policy.
3. It is guaranteed the right to conscientious objection under the law.
4. Nobody can be questioned by any authority about their beliefs or religious practices, except for statistical data collection not
individually identifiable. (Projects A, B and C and public consultation - approved by consensus)
Article 42. º
(Copyright)
1. It is free expression of intellectual activity, artistic, political, scientific and communication, regardless of censorship or license.
2. Belongs to authors the exclusive right to use, publish or reproduction of their works, transmissible to heirs at the time the law
fix.
3. Are ensured, in accordance with law:
a) The protection of individual participation in collective works and reproduction of human voice and image, including the activities
cultural, educational, political and sports;
b) the right to review the economic exploitation of the works creating or participating as creators, performers, and to respective unions
and associations.
4. The law provides authors of industrial inventions, patents and technological processes, the temporary privilege for their use and as the
protection of industrial creations, ownership of trademarks, company names and other distinctive signs, bearing in mind the interest
social and technological and economic development of the country. (Project A and public consultation - approved by consensus)
Article 43. º
(Freedom of cultural and scientific)
1. It is free to create intellectual, artistic, scientific and technological research.
2. The freedom referred to in the preceding paragraph includes the right to invention, production and dissemination of scientific, literary
or artistic including the legal protection of copyright. (Project A and consultation public - approved by consensus)
Article 44. º
(Freedom Press)
1. It guaranteed freedom of the press, the latter not being subject to any censorship, especially political, ideological or artistic.
2. The State shall guarantee the pluralism of expression, requiring the difference diversity of ownership and editorial media.
3. The State ensures the existence and functioning independently and qualitatively competitive with a public service radio and television.
4. The law establishes the forms of freedom of the press. (Merger of Projects A, B and C - approved by consensus)
Article 45.
(Right to broadcasting time, of reply and of politics)
1. In periods of general elections and local elections and referenda, the competitors have the right to broadcasting time on radio stations
and television public in accordance with the scope of the election or referendum under Constitution and the law.
2. Political parties represented in the National Assembly are entitled to reply and of political statements to the executive under regulated by
law. (B and C projects - approved by consensus)
Article 46.
(Freedom of residence, movement and emigration)
1. Any citizen who resides legally in Angola can freely set residence, move and reside anywhere in the territory national, except as
provided in the Constitution and the law when determine restrictions, in particular the access and retention for the environmental
protection or vital national interests.
2. Every citizen is free to emigrate and leave the national territory and that he return, subject to the limitations of complying with legal
duties. (B and C projects - approved by consensus)
Article 47. º
(Freedom of assembly and demonstration)
1. It is guaranteed to all citizens, freedom of assembly and demonstration peacefully and without weapons, without any authorization and
under the law.
2. The meetings and demonstrations in public places require prior communication to the competent authority under and for the purposes
established by law. (B and C projects - approved by consensus)
Article 48. º
(Freedom of Association)
1. Citizens have the right to freely and without any administrative authorization, form associations, provided they are organize based on
democratic principles, in accordance with law.
2. The associations freely pursue their ends without interference from public authorities and can not be dissolved or suspended their
activities, except in cases provided by law
3. No one can be compelled to belong to an association or compelled by any means to stay there.
4. Are prohibited and any associations or groups whose aims activities are contrary to the constitutional order, incite and practice
violence, promoting tribalism, racism, dictatorship, fascism, and xenophobia, as well as associations of a military, paramilitary or
militarized. (Merger of projects A, B and C - approved by consensus)
Article 49. º
(Freedom of association and corporate)
1. It is guaranteed to all professionals or independent and generally all employed persons, freedom of association professional to defend
their rights and interests and to regulate discipline of professional conduct for each profession.
2. The associations of independent professionals or governed by principles of democratic organization and functioning and independence
in relation to the State under the law.
3. Ethical standards of professional associations can not counteract the constitutional order, the fundamental human rights and law. (B
and C projects - approved by consensus)
Article 50. º
(Freedom of Association)
1. It is recognized workers the freedom to create associations union to defend their individual and collective interests.
2. It is granted to trade unions the right to defend the rights and workers' interests and to exercise the right to collective agreement, the
This should take into account the fundamental human rights and communities and the actual capacity of the economy, according to law.
3. The Law regulates the establishment, membership, association, organization, and extinction of Trade unions and ensures their
autonomy and independence of patronage and the state. (B and C projects and public consultation - approved by consensus)
Article 51. º
(Right to strike and prohibition of lock-out)
1. Workers have the right to strike.
2. It is forbidden to lock out, the employer may not cause total paralysis or part of the company, the prohibition of access to workplaces
by workers or similar situations as a means of influencing the outcome of or socio-economic conflicts professionals.
3. The law regulates the lock out and the right to strike and establish its limitations on services and activities considered essential and
urgent order to attend to meet essential social needs. (B and Projects C and public consultation - approved by consensus)
Article 52.
(Participation in public life)
1. Every citizen has the right to participate in political life and the direction of public affairs, directly or through representatives freely elect
and to be informed about the acts of the state and management of public affairs, under the Constitution and the law.
2. Every citizen has a duty to honor and respect the laws and obey the orders given by legitimate authority under the Constitution and the
law respect for rights, freedoms and guarantees. (Project C and public consultation - approved by consensus)
Article 53.
(Access for office)
1. All citizens have the right to access, on equal terms and freedom, to public office under the Constitution and the law.
2. Nobody shall be prejudiced in their placement in your job, your professional career or social benefits to which they are entitled, by virtue
the exercise of political rights or the performance of public office, in Constitution and the law.
3. Access to elected positions in the law can only establish the ineligibility necessary to ensure freedom of choice of voters and the
exemption and independence of the respective offices. (Project A and consultation public - approved by consensus)
Article 54. º
(Right to vote)
1. Every citizen over eighteen years, has the right to vote and be elected to any elective body of the state and local government and
perform their position or office, under the Constitution and the law.
2. The passive electoral capacity can not be limited except by virtue of disability or ineligibility provided for in the Constitution.
3. The exercise of right to vote is not transferable and represents an civic duty. (Project C - approved by consensus)
Article 55
(Freedom of establishment of political associations and political parties)
1. It's free creation of political associations and political parties under Constitution and the law.
2. Every citizen has the right to participate in political associations and parties politicians, under the Constitution and the law. (B and C
Projects - approved by consensus)
SECTION II
GUARANTEE OF RIGHTS AND FREEDOMS
Article 56. º
(General State Guarantee)
1. The State recognizes as inviolable rights and fundamental freedoms enshrined in the Constitution and create the political, economic,
social, cultural, peace and stability to ensure its implementation and protection under the Constitution and the law.
2. All public authorities have a duty to respect and guarantee the free exercise rights and fundamental freedoms and the fulfillment of
constitutional and legal duties. (Project C - approved by consensus)
Article 57.
(Restriction of rights, freedoms and guarantees)
1. The law may restrict rights, freedoms and guarantees in cases expressly provided for in the Constitution, the restrictions should be
limited to necessary, proportionate and reasonable in a free and democratic society, to safeguard other constitutionally protected rights or
interests.
2. Laws restricting rights, freedoms and guarantees have to take nature general and abstract and can not have retroactive effect or reduce
the extent and the scope of the gist of the constitutional provisions. (Project C and public consultation - approved by consensus)
Article 58. º
(Limitation or suspension of rights, freedoms and guarantees)
1. The rights, freedoms and guarantees of citizens can only be limited or suspended, where a state of war, siege or state of emergency,
under the Constitution and the law.
2. The state of war, state of siege and states of emergency may be declared in all or part of the national territory, in cases of aggression
actual or imminent by a foreign force, or threat of serious disturbance the democratic constitutional order or public calamity.
3. The choice of a state of war, siege or state of emergency and as the declaration and enforcement must always be confined to those
actions necessary and appropriate to maintain public order, protection of interest, respect for the principle of proportionality and limited,
particular on its scope and duration and the means employed, the strictly necessary for the prompt restoration of normalcy constitutional.
4. The declaration of a state of war, a state of siege or state of emergency gives authorities powers to take the action necessary and
appropriate for the prompt restoration of constitutional normality.
5. In any case the declaration of a state of war, siege or state of emergency may affect:
a) The application of constitutional rules relating to jurisdiction and functioning of the organs of sovereignty;
b) The rights and immunities of members of state bodies;
c) The right to life, personal integrity and personal identity;
d) The civil capacity and citizenship;
e) The non-retroactivity of criminal law;
f) The right of defense of the accused;
g) Freedom of conscience and religion.
6. Special law regulating the state of war, state of siege and state of emergency. (C project and public consultation - approved by
consensus)
Article 59. º
(Prohibition of death penalty)
It prohibited the death penalty. (B and C projects - approved by consensus)
Article 60.
(Prohibition of torture and degrading treatment)
No one shall be subjected to torture, forced labor, or the treatment or cruel, inhuman or degrading treatment. (Projects A and C -
approved by consensus)
Article 61. º
(Hate crimes and violence)
They are inalienable and not subject to amnesty or parole, by application of enforcement measures in process:
a) The genocide and crimes against humanity contained in the criminal law international;
b) Crimes such as provided by law. (Project A and C and public consultation - approved by consensus)
Article 62. º
(Irreversibility of amnesties)
Are considered valid and irreversible the legal effects of acts of amnesty charged under applicable law. (Public Consultation - approved by
consensus)
Article 63.
(Rights of detainees and prisoners)
Every person deprived of liberty shall be informed at the time of his arrest or detention, their reasons and their rights, including the right to:
a) it appears to him the warrant of arrest or detention issued by authority responsible under the law;
b) Be informed about the place where you will be taken;
c) inform the family and the lawyer about his arrest or detention and on the location to be conducted;
d) Choose a lawyer or adviser you trust to accompany the police investigations and judicial proceedings;
e) Consult a lawyer before giving any statements;
f) Be silent and not testify or do so only in the presence of lawyer of his choice;
g) Do not make confessions or statements against himself;
h) be brought before the magistrate responsible for confirming or no, the prison and being tried or released within the legal deadlines;
i) communicate in language they understand or through an interpreter. (Project C - Approved by consensus)
Article 64. º
(Deprivation of liberty)
1. The deprivation of liberty is only permitted in cases and under determined by law.
2. The police can only detain or arrest in the cases provided for in the Constitution and by law, in flagrante delicto or when fitted with
warrant issued by competent authority. (Project C - approved by consensus)
Article 65. º
(Application of criminal law)
1. Criminal responsibility is personal and not transferable.
2. No one can be criminally convicted but under the previous law to declare punishable by action or omission, or undergo a security
measure whose assumptions are not fixed by existing law.
3. There may be sentences or security measures that are not expressly communicated by prior law.
4. No one may suffer a penalty or security measure more serious than those planned when the relevant conduct or verification of
underlying assumptions, applying retroactively to criminal laws more favorable to the defendant.
5. No one should be tried more than once for the same offense.
6. Citizens unjustly convicted have the right, under the conditions that the law prescribe, to review the sentence and compensation for
damage. (Merger of projects A and C - approved by consensus)
Article 66. º
(Limits on sentences and security measures)
1. No sentence or security measure that involves deprivation or restriction of freedom as a matter of life or an unlimited or indefinite term.
2. The convicts who are subjected to security measures involving deprivation of freedom, remain entitled to fundamental rights, unless the
limitations inherent to their convictions and from the requirements of implementation. (Project C - approved by consensus)
Article 67
(Guarantees in criminal proceedings)
1. Nobody can be detained, arrested or brought to trial, except in terms of the Act, which guaranteed to all defendants or prisoners the
right to defense, appeal and legal representation.
2. It is presumed innocent until the accused throughout the transit in judged of sentence condemnation.
3. The accused has the right to choose counsel or counsel and to be by him counsel at all stages of the proceedings, the law specifying
the cases and phases in which the assistance of a lawyer is mandatory.
4. Defendants and prisoners have the right to receive visits from his lawyer, family members, friends, religious and assistant with them if
match, subject to subparagraph e) of Article 63. And the provisions in paragraph 3 of Article 194. º.
5. Defendants or prisoners who are unable to instruct counsel on grounds of economic order should be protected under the law, adequate
legal assistance.
6. A convicted person has the right to appeal or ordinary extraordinary in the court decision rendered against him in criminal under the
law. (C project and public consultation - approved by consensus)
Article 68. º
(Habeas corpus)
1. Everyone is entitled to a writ of habeas corpus against the abuse of power, because of unlawful arrest or detention, to bring before the
court responsible.
2. The writ of habeas corpus may be made by himself or by any person in the exercise of their political rights.
3. Proper law governing the process of habeas corpus. (Project C - approved by consensus)
Article 69. º
(Habeas data)
1. Everyone has the right to seek a writ of habeas data to ensure knowledge of information about themselves contained in files, or files
computer records, to be informed about the purpose it was intended, and as to require correction or update thereof, pursuant to law and
safeguarding the state secret and secrecy.
2. It is forbidden to record and process the data on political, philosophical or ideological, religious faith, political party or association,
ethnic origin and the private lives of citizens for discriminatory purposes.
3. It is also forbidden access to personal data of third parties, and the transfer of personal data from one file to another belonging to
Miscellaneous service or institution, except in cases established by law or judicial decision.
4. Apply to habeas data, mutatis mutandis, the provisions of previous article. (B and C projects - approved by consensus)
Article 70. º
(Extradition and expulsion)
1. Not allowed to deportation or extradition of citizens of Angola national territory.
2. Not permitted the extradition of foreign citizens for political reasons or facts likely to sentence to death, and where that basis, the
assumption that the extradited person may become subject to torture, inhuman, cruel or causing irreversible damage to the physical
integrity under the law of the requesting State.
3. The Angolan courts know, under the law, the facts that are accused citizens whose extradition is not permitted under the preceding
paragraphs of this article.
4. Only by court order may be given to Belgian territory foreign citizens or stateless persons permitted to reside in that country or
have requested asylum.
5. The law shall regulate the requirements and conditions for extradition and expulsion of foreigners. (Projects A, B and C and public
consultation - approved by consensus)
Article 71. º
(Right of asylum)
1. It is guaranteed to any foreign citizen or stateless asylum in case of persecution for political reasons, including serious threat or
persecution on account of their activities on behalf of democracy, national independence, peace among peoples, freedom and rights of the
human person, in accordance with applicable laws and international instruments.
2. The law defines the status of political refugee. (Projects A, B and C - approved by consensus)
Article 72.
(Right to fair trial and as)
Every citizen shall have the right to a fair trial, and promptly according to law. (Project C - approved by consensus)
Article 73. º
(Right of petition, complaint, claim and complaint)
Everyone has the right to submit, individually or collectively, to bodies of sovereignty or any authority, petitions, complaints, or complaints
to defend their rights, the Constitution, laws or general interest, and well as well as the right to be informed within a reasonable time on
the outcome of their assessment. (Project C - approved by consensus)
Article 74. º
(Law of Popular Action)
Any citizen, individually or through associations of interest specific, has the right to legal proceedings in the cases and terms established
by law, seeking to annul acts detrimental to public health, public heritage, history and cultural, environmental and quality of life, consumer
protection, the legality of acts of administration and other collective interests. (Merger of A and C projects and public consultation -
approved by consensus)
Article 75.
(Liability of State and other public authorities)
1. The state and other public legal persons are jointly and severally civilly responsible for actions and omissions committed by its organs,
their holders, agents and employees in the exercise of legislative functions, judicial, administrative or because of them, resulting in
violation of rights, freedoms and guarantees or injury to the holder of these or others.
2. The authors of these acts or omissions are criminal and disciplinary responsible under the law. (Projects A, B and C and public
consultation - approved by consensus)
CHAPTER III
RIGHTS AND DUTIES ON ECONOMIC, SOCIAL AND CULTURAL
Article 76. º
(Right to work)
1. Work is a right and a duty for all.
2. Every worker is entitled to vocational training, fair pay, rest, holidays, protection, hygiene and safety at work under law.
3. To ensure the right to work, the State must promote:
a) The implementation of policies for full employment;
b) Equal opportunity in the choice of profession or type of and working conditions that is not prohibited or restricted by any
discrimination;
c) The academic and scientific and technological development as well as the professional development of employees.
4. It guaranteed to workers on job stability, are prohibited unfair dismissal, under the Constitution and the law.
(Projects A, B and C and public consultation - approved by consensus)
Article 77.
(Health and Social Protection)
1. The State promotes and guarantees the necessary measures to ensure everyone right to health care and sanitation, as well as the right to
assistance in childhood, maternity, disability, disability, old age and any incapacity for work.
2. To guarantee the right to medical and health care is on the State:
a) Develop and ensure the functionality of a health service in throughout the country;
b) Regulating the production, distribution, trading and use of products chemical, biological, pharmaceutical and other methods of
treatment and diagnosis;
c) Encourage the development of education and medical-surgical medical research and health.
3. The Private and cooperative initiatives in the fields of health, welfare and Social Security is supervised by the State and shall be
exercised in accordance by law. (B and C projects - approved by consensus)
Article 78. º
(Consumer Rights)
1. The consumer has the right to quality of goods and services, information, clarification of its security products and protection in respect
of consumption.
2. The consumer is entitled to be protected in the manufacture and supply of goods and services harmful to health and life, and should be
compensated for damage to it does cause.
3. The advertising of consumer goods and services is governed by law, as All forms of hidden advertising, indirect or misleading.
4. The law protects consumers and ensures the protection of his interests. (Project A and public consultation - approved by consensus)
Article. 79
(Right to education, culture and sport)
1. The State shall promote universal access to literacy, education, culture and sport, encouraging participation of various private agents in
their Gross, in accordance with law.
2. The State shall promote science and scientific and technological research.
3. The Private and cooperative initiatives in education, culture and sport, shall be exercised as provided by law. (Projects B and C -
approved by consensus)
Article 80.
(Children)
1. The child is entitled to special attention from family, society and state, which in close cooperation, will ensure broad protection against
all forms of neglect, discrimination, oppression, exploitation and misuse of authority in the family and in other institutions.
2. Public policies in the field of family, education and health should protect the principle of best interests of the child as a way of ensure
their full physical, psychological and cultural.
3. The State shall guarantee special protection to orphans, disabled, abandoned or in any way, deprived of a family normal.
4. The state governs the adoption of children by promoting their integration into healthy family environment and ensuring their full
development.
5. It is prohibited by law, the employment of children of school age. (Project A and public consultation - approved by consensus)
Article 81. º
(Youth)
1. Young people enjoy special protection so that their economic, social and cultural rights, including:
a) In education, vocational training and culture;
b) Access to a first job, work and social security;
c) To have access to housing;
d) Physical education and sport;
e) use of leisure time.
2. In order to complete the preceding paragraph, establishes its own law the basis for the development of youth policies.
3. The youth policy should have as its primary objectives the personality development of young people, creating conditions for their
effective integration into active life, the taste for originality and the sense of community service.
4. The State, in collaboration with families, schools, businesses, neighborhood organizations, associations and foundations for cultural
and the local culture and recreation, encourages and supports organizations youth in pursuit of those objectives as well as exchange
international youth. (Project A and public consultation - approved by consensus)
Article 82.
(Seniors)
1. The senior citizens have a right to economic security and conditions housing and family and community which respect their autonomy
staff and avoid and overcome the isolation and social marginalization.
2. The policy for the aged includes measures of economic, social and cultural nature designed to provide the elderly with opportunities
personal achievement through active participation in the life of community. (Projects A, B and C - approved by consensus)
Article 83.
(Citizens with Disabilities)
1. Citizens with disabilities enjoy full rights and are subject duties enshrined in the Constitution, subject to the restriction of exercise or
fulfillment of those for which they are disabled or limited.
2. The State shall adopt a national policy for prevention, treatment, rehabilitation integration of citizens with disabilities, support their
families and removing obstacles to their mobility.
3. The State also adopts policies aimed at developing a pedagogy to sensitize the society's duties to include, respect and solidarity with the
citizens with disabilities.
4. The State encourages and supports special education and vocational-technical training for citizens with disabilities. (Projects A, B and C
and public consultation - approved by consensus)
Article 84
(Former combatants and veterans of the Fatherland)
1. The combatants in the struggle for national independence, veterans of the Fatherland, those who acquired disability in military service or
paramilitary as well as relatives of the fallen or perished until the first degree of kinship, status and enjoy special protection
State and society under the Constitution and the law.
2. The State shall promote policies to ensure integration social, economic and cultural development of citizens referred to in the previous
paragraph and as protection, recovery and preservation of historic achievements in these protagonists. (Projects A, B and C and public
consultation - approved by consensus)
Article 85. º
(Right to housing and quality of life)
1. Every citizen has the right to adequate housing and quality of life decent.
2. The State must promote social and economic conditions for ensure the right to housing and quality of life. (Projects A, B and C
public consultation - approved by consensus)
Article 86. º
(Communities Abroad)
The State encourages the association of Angolans who are abroad and promotes its connection to the country as well as the economic,
social, cultural and of patriotism and solidarity with the Angolan communities around their roots or reveal any relation of origin, kinship,
culture and history with Angola. (B and C projects - approved by consensus)
Article 87. º
(Historical heritage, cultural and artistic)
1. Citizens and communities are entitled to respect, appreciation and preservation of its cultural, linguistic and artistic.
2. The State promotes and encourages the conservation and enhancement of the historical, cultural and artistic achievements of the
Angolan people. (B and C Projects - approved by consensus)
Article 88. º
(Duty of contribution)
Everyone has the duty to contribute to public expenditure and of society in according to their economic capacity and the benefits he
receives through taxes and fees, based on a fair tax system and under the law. (B and C projects - approved by consensus)
Humans have inhabited the region of Angola since prehistoric times but the first known
group were the Bushman hunting clans followed by the Bantu around the 6th Century CE.
This touched off a mass migration to the region which led to the rising of the Kingdom of
Congo in the 13th Century which eventually divided into six kingdoms. In 1482, the
Portuguese arrived and established trade. The first permanent settlement of Portuguese
colonists took place with the founding of the colony of Angola in 1575, the establishment of
the city of Luanda in 1605 and the conversion of the king of Congo to Christianity. Slaves
from Angola were exported in mass to settle Brazil. The Dutch briefly occupied Luanda in
1541 during Spanish dominion of Portugal. Following the abolition of slavery in 1836,
Luanda became a principle trading port. With the fall of the Portuguese monarchy in the first
part of the 20th Century, Angola became a province of Portugal. Portugal's refusal to grant
Angola independence led to the Colonial War in 1961. Independence was finally achieved
on 11 November 1974 and the promulgation of the first constitution but civil war raged
between competing factions until the brokering of a peace agreement on 20 November 1994.
The present constitution was adopted by the National Assembly on 21 January 2010. It will
be ratified by the Constitutional Court and promulgated by the President following elections.
Human rights are enumerated beginning with TITLE II (Fundamental Rights and Duties),
conforms with the 1948 Universal Declaration of Human Rights of which Angola is a
signatory and are detailed below. No English translation of Angola's Constitution is
available however, for the original Portuguese version, click here.
group were the Bushman hunting clans followed by the Bantu around the 6th Century CE.
This touched off a mass migration to the region which led to the rising of the Kingdom of
Congo in the 13th Century which eventually divided into six kingdoms. In 1482, the
Portuguese arrived and established trade. The first permanent settlement of Portuguese
colonists took place with the founding of the colony of Angola in 1575, the establishment of
the city of Luanda in 1605 and the conversion of the king of Congo to Christianity. Slaves
from Angola were exported in mass to settle Brazil. The Dutch briefly occupied Luanda in
1541 during Spanish dominion of Portugal. Following the abolition of slavery in 1836,
Luanda became a principle trading port. With the fall of the Portuguese monarchy in the first
part of the 20th Century, Angola became a province of Portugal. Portugal's refusal to grant
Angola independence led to the Colonial War in 1961. Independence was finally achieved
on 11 November 1974 and the promulgation of the first constitution but civil war raged
between competing factions until the brokering of a peace agreement on 20 November 1994.
The present constitution was adopted by the National Assembly on 21 January 2010. It will
be ratified by the Constitutional Court and promulgated by the President following elections.
Human rights are enumerated beginning with TITLE II (Fundamental Rights and Duties),
conforms with the 1948 Universal Declaration of Human Rights of which Angola is a
signatory and are detailed below. No English translation of Angola's Constitution is
available however, for the original Portuguese version, click here.